PURPOSE: This r&defines the authority of the judges to hold summary hearings and to prescribe the procedure for those hearings.

1. (1) The judges may conduct summary proceedings for the violation of any rule or statute involving pari-mutuel wagering except the following:

   1. (A) Violations of the rules concerning the application for Class A licenses;
   2. (B) Violations of the rules concerning the application for Class B licenses;
   3. (C) Violations of the rules concerning application for Class D licenses; and
   4. (D) Reporting requirements for ownership interests required by section 313.600.

2. (2) Procedure for Summary Hearings. Judges’ hearings shall provide the following notice unless waived by the licensee:

   1. (A) Written notice to the licensee delivered as soon as possible after the date and time of the hearing has been set. The notice shall contain-

      1. 1. The charges alleged against the licen-

see;

1. 2. The possible penalties which may be

imposed,

1. 3. The date and time of the hearing;
2. 4. The place of the hearing; and
3. 5. A statement that the party charged

may be represented by legal counsel or by a representative of any racing trade organization of which s/he is a member;

1. (B) The testimony of all witnesses questioned by the judges shall be recorded by one

1. (1) of the following methods:

   1. 1. Written and signed statements;
   2. 2. Tape recorders; and
   3. 3. Affidavits;
   4. (C) The judges shall have the right to issue subpoenas as provided in section 313.550.1, RSMo (1986); and

   5. (D) If, at the conclusion of the hearing, the judges find a violation has occurred, they shall promptly issue a written ruling setting forth the full name of each and every person charged, the number of the rule or statute and subparts which have been found to have been violated and the penalty fixed by the judges for each violation.

      Roy D. Blunt

   6. 1. Copies of the ruling shall be delivered to each party having an interest in the proceedings, the commission and a copy shall be posted in the racing secretary’s office.
   7. 2. A copy shall also be forwarded to the ofEce of the National Association of State Racing Commissioners and/or the U.S.T.A. as may be appropriate.
2. (3) All judges shall be present at the hearing unless one (1) judge shall be excused by the presiding judge. In no event shall a hearing take place with less than two (2) judges.
3. (4) The judges, for good cause shown, may grant a continuance of any hearing set under this rule.
4. (5) Failure of any licensee to appear at any scheduled hearing without good cause shall constitute a waiver of any right to appear and confront witnesses and shall further constitute a waiver of the licensee’s right to appeal the finding of the judges; however, the licensee may seek permission to appeal from the commission and the commission may grant an appeal if it finds that the failure to appear was for good cause.
5. (6) Any licensee summoned as a witness who fails to appear without the permission of the judges may be suspended pending his/her appearance before the judges.
6. (7) Judges’ summary hearings shall be closed to the public. Auth: sections 313.540, 313.650.2. and 313.650.3, RSMo (1986). Emergency rule filed July l&1986, effectiue July28,1986, expired Nou. 15, 1986. Original rule filed Oct. 3,1986, effective Jan. 12,1987.

12 CSR 5Q-9Q.020 Appeal of the Decision oftheJudges PURPOSE: This rule provides for an appeal to the commission from a judge’s hearing and to set the requirements for the notice of appeal. (1) Any decision of the judges may be appealed to the commission upon written notice of appeal made within seven (7) ‘days after the order or ruling is issued in writing.

1. (A) The notice of appeal shall be in writing addressed to the commission or the executive director at the commission’s office in Jefferson City. City.

2. (B) The notice of appeal shall contain the (B) The notice of appeal shall contain the signature of the appellant signature of the appellant together with together with his/her current address. All future notices of his/her current address. All future notices of any proceedings before the commission shall any proceedings before the commission shall

   CODEOFSTATEREGULATIONS 12 CSR 50-90

be mailed to the address contained in the appeal. (C) The notice of appeal shall specifically refer to the ruling from which the appeal is taken or shall contain a copy of the ruling from which the appeal is taken. (D) The notice of appeal shall set forth the reasons for the appeal.

1. (2) The appellant shall be responsible for any cost incurred in connection with any hearing held pursuant to an appeal under this rule.
2. (3) No licensee shall file any frivolous appeal; further, if the commission determines that an appeal is frivolous, it may find a further violation of the rules of the commission and assess an appropriate fine or suspension for the frivolous appeal.

3. (4) Notice of appeal shall be mailed to all other parties, if any.

   Auth: sections 313.540 and 313.650.3, RSMo (1986). Emergency rule filed July 18, 1986, effective Julv 28. 1986, expired Nou. 15, 1986. Original rule filed Oct. 3, 1986, effective Jan. l&1987.